Accused killer may face death

Thursday

Dec 20, 2012 at 12:00 PM

Franklin County District Attorney Matthew Fogal announced Wednesday that he will seek the death penalty against Carl L. Varner, 54, the Chambersburg man charged with first-degree murder in the Oct. 22 shooting death of Victor Hugo Campos-Olguin.

From staff reports

CHAMBERSBURG — Franklin County District Attorney Matthew Fogal announced Wednesday that he will seek the death penalty against Carl L. Varner, 54, the Chambersburg man charged with first-degree murder in the Oct. 22 shooting death of Victor Hugo Campos-Olguin, 29, at 310 E. King St.

Varner's formal arraignment was held Wednesday in front of Franklin County Judge Carol Van Horn. Eric Weisbrod, one of two attorneys acting as Varner's defense counsel, said that Varner is pleading not-guilty to the 28 different counts he faces related to the case, including the first-degree murder charge.

The district attorney has not indicated whether he will seek the death penalty against Varner's co-defendant Jason C. Shauf, 38, also of Chambersburg.

Aggravating circumstances

In a press release, Fogal said his office filed notice of aggravating circumstances with the court of common pleas, stating that the aggravating circumstances in the case merit seeking the death penalty if Varner is found guilty.

The district attorney's office listed the aggravating circumstances as the committing the killing during a felony, knowingly creating a "grave risk of death" to another person in addition to the victim of the murder and Varner's significant history of felony convictions involving the use or threat of violence.

The crime

According to witness testimony, Varner and Jason C. Shauf went to 310 E. King St. the evening of Oct. 22 armed with guns, looking for Jesus Gallo of Shippensburg.

Varner allegedly took money from Campos-Olguin and another man before pointing a gun at them and shooting Campos-Olguin.

Police recovered a .410-slug in the bathroom area where Campos-Olguin was shot. A .410-single action shotgun and .410-casings were found in Varner's home, according to police.

Remington .410-gauge slugs were also found in the console of Shauf's pickup truck, police said.

Charges against Varner include first- and second-degree murder, robbery, burglary, criminal conspiracy to commit murder in the first-degree and of illegal possession of a firearm.

First Assistant District Attorney Jeremiah D. Zook, who will act as lead prosecutor in the case, said that he hopes to try Varner and Shauf together.

Defendant history

According to court records, Varner has faced both felony and misdemeanor charges before.

In January 2008, Varner was charged with illegal possession of a firearm, which is a second-degree felony offense. Varner was acquitted by reason of insanity in April 2008 after he was evaluated by Dr. John Hume.

In March 2008, Varner was charged with making terroristic threats and harassment, both misdemeanor charges.

In April 1983, Varner pled guilty to an escape charge, a third-degree felony, for which he was ordered to serve three and a half to seven years in a state prison.

Varner also pled guilty to a July 1979 theft charge, for which he was ordered to serve six to 23 months in county jail.

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